Thousands of people join the gym to improve their health every year. Yet, how many of these can confidently say they know how to use all the machines? Especially newcomers who are not yet in shape would struggle with the machinery. So, it is easy for one to assume that dealing with an unfamiliar environment, unknown machinery, and doing exercises your body is not familiar with is a recipe for disaster.
Keeping that in mind, the question remains; Can I sue the gym I have been injured at? The answer is yes. You can sue for almost anything when the best Orange County personal injury attorney handles your case.
How Do Gym-Related Injuries Occur?
Most of the time, gym newbies end up injured because they use unfamiliar equipment. Sometimes, it is because the unfamiliar exercises exhaust their bodies. Other times, however, people have been injured due to the negligence of the gym’s management. For instance, if a piece of equipment already poorly maintained malfunctions or a slippery bathroom floor has no warning sign. Many gym injuries include trauma to the
How You Can Sue the Gym
A frequently asked question is, “Can I sue the gym for this?” when gym members get injured, especially if it’s not their fault. To correctly answer that question, there is a list of things your attorney will need to consider; this includes whether or not you signed any contract, California’s law, as well as the circumstances of your case.
When an individual joins a gymnasium, they are most likely to sign a contract that is presented by the management. In fact, these gym contracts contain a clause that is typically known as a “liability waiver.” This liability waiver actually serves to protect the gym from financial liability in any event a member is injured.
However, the gym’s contract does not prohibit you from suing. Especially if the gym’s negligence is the reason behind your injury. As a matter of fact, gym liability waivers exist to protect the gym from facetious lawsuits as well as from lawsuits that are filed by gym-goers who are responsible for their injuries.
For instance, the gym would not be held responsible in the following scenarios:
*Used a piece of equipment unsafely, which caused the injury.
*Exercised for too long or hard, which caused the injury.
*Lifted heavier weights than usual, causing injury.
In disparity, here are a few instances of gym negligence:
*The gym did not maintain its equipment.
*The gym neglected to warn gym members that a piece of equipment was defective or out of order.
*Personal trainers hired by the gym were negligent in their services.
*The gym did not train its employees on how to operate the machinery safely.
*The gym did not maintain its facilities.
Time to Contact an Attorney
Now, even if you have the option to sue your gym, the question remains; should you? The answer depends entirely on the specifics of your case. Most of the time, though, it is wise to consult a personal injury lawyer at least – especially if your injuries are severe.
Personal injuries can be costly. And, if you consider the wages you lose when you take time off work, the medical costs shoot up. In addition, you have to consider the frequent doctor visits, pain, mental and physical anguish. Therefore, if you have been seriously injured at the gym, you must hold them financially responsible. You can do that by getting in touch with a top-notch personal injuries attorney who specializes in such cases.